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Special Education Tip – Over And Over And Over Again My Friend – 71-2017

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Rochelle’s Special Education Tips

Over And Over And Over Again My Friend
Remember That A 504 Plan Is Not A Condolence Prize

When a student is dismissed from special education services or is found ineligible for special education services in the first instance, please do not automatically develop a 504 Plan. In order to qualify for a 504 Plan, the student must have a physical or mental disability which substantially limits a major life activity. Often that happens because the parents want to have “something” because they mistakenly believe their child will be overlooked without an IEP or 504 Plan. Or you want to ease the parents’ disappointment in not having the child qualify.

Before you develop a 504 Plan, you need to conduct an evaluation to determine eligibility. Chances are that having a weakness in spelling is not going to qualify a student for a 504 Plan. Everyone has weaknesses and that does not make them disabled.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire
Copyright © 2017 Pessin Katz Law, P.A. All rights reserved.
Tips may be reproduced for distribution within the educational institution, the individual school or school system and is for use by their staff. Additional distribution must be approved by author.
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